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VAILLANCOURT v. MEDICAL CTR. HOSP. OF VT.

No. 4-80.

425 A.2d 92 (1980)

James R. VAILLANCOURT, Admr. of the Estate of Baby Girl Vaillancourt, Sandra M. Vaillancourt, and James R. Vaillancourt, Individually v. MEDICAL CENTER HOSPITAL OF VERMONT, INC., and John D. Lewis.

Supreme Court of Vermont.

November 5, 1980.

Attorney(s) appearing for the Case

Leslie S. Linton, of Sylvester & Maley, Burlington, for plaintiffs.

Spencer R. Knapp, of Dinse, Allen & Erdmann, Burlington, for Medical Center Hospital.

Pierson, Affolter & Wadhams, Burlington, for Lewis.

Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.

LARROW, Justice.

This is an interlocutory appeal, with three certified questions, resulting from denial by the trial court of motions filed by the defendants to dismiss the complaint for failure to state a cause of action. V.R.C.P. 12(b)(6). The facts alleged in the complaint, which must be assumed for the purposes of this appeal, may be summarized as follows. The defendant Medical Center Hospital of Vermont, Inc., (Hospital) conducts a general hospital in Burlington...

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